General conditions - clients
Article 1: Definitions
1. General conditions: the general conditions Lumen in Art - Assignment, as shown in this file;
2. User: Lumen in Art BV or third parties commissioned by Lumen in Art BV for this purpose;
3. Client: natural person, legal person or government body, who approaches the User or enters into agreements with the User for the organization of an event in the broadest sense of the word.
4. Website: www.lumeninart.com, or websites that relate to an individual event.
Article 2: Scope
1. These terms and conditions apply to every offer, quotation and agreement between the User and a Client to which the User has declared these terms and conditions applicable, insofar as the parties have not explicitly deviated from these terms and conditions in writing.
2. The present conditions also apply to agreements with the User, for the execution of which the User must involve third parties.
3. These general terms and conditions are also written for the employees of the User and his management.
4. The applicability of any purchase or other conditions of the Client is expressly rejected.
5. If one or more provisions in these general terms and conditions are at any time wholly or partially invalid or should be declared void, the other provisions in these general terms and conditions will remain fully applicable. The User and the Client will then enter into consultation in order to agree new provisions to replace the void or voided provisions, taking into account as much as possible the purpose and purport of the original provisions.
6. If there is uncertainty about the interpretation of one or more provisions of these general terms and conditions, the explanation must take place "in the spirit" of these provisions, unless the User and the Client have explicitly agreed on a specific explanation in writing.
7. If a situation occurs between the parties that is not regulated in these terms and conditions, then this situation must be assessed in the spirit of these terms and conditions.
8.If the User does not always demand strict compliance with these conditions, this does not mean that the provisions thereof do not apply, or that the User would lose the right to demand strict compliance with the provisions of these conditions in other cases. .
Article 2 Offers and offers
1. All quotations and offers from the User are without obligation, unless a period for acceptance is stated in the quotation. If no acceptance period has been set, no rights whatsoever can be derived from the quotation or offer if the product or service to which the quotation or offer relates is no longer available.
2 User cannot be held to his quotes or offers if the Client can reasonably understand that the quotes or offers, or a part thereof, contain an obvious mistake or error.
3. The prices stated in a quotation or offer are exclusive of VAT and other government levies, any costs to be incurred in the context of the agreement, including travel and accommodation, shipping and administration costs, unless stated otherwise.
4. If the acceptance (whether or not on minor points) deviates from the offer included in the offer or the offer, then the User is not bound by it. The agreement will then not be concluded in accordance with this deviating acceptance, unless the User indicates otherwise.
5. A compound quotation does not oblige the User to execute part of the assignment against a corresponding part of the quoted price. Offers or quotations do not automatically apply to future orders.
Article 3 Contract duration; execution times, risk transfer, execution and modification agreement; price increase
1. The agreement between the User and the Client is entered into for an indefinite period of time, unless the nature of the agreement dictates otherwise or if the parties expressly agree otherwise in writing.
2. If a period has been agreed or specified for the execution of certain activities or for the delivery of certain goods, then this is never a strict deadline. If a term is exceeded, the Client must therefore give the User written notice of default. The user must be offered a reasonable period to still implement the agreement.
3. User will execute the agreement to the best of his knowledge and ability and in accordance with the requirements of good workmanship. All this on the basis of the current state of science.
4. User has the right to have certain work done by third parties. The applicability of article 7: 404, 7: 407 paragraph 2 and 7: 409 of the Dutch Civil Code is expressly excluded.
5. If work is performed by the User or third parties engaged by the User in the context of the assignment at the location of the Client or at a location designated by the Client, the Client will provide the facilities reasonably required by those employees free of charge.
6. Delivery takes place from the User's company. The Client is obliged to take delivery of the goods at the moment that they are made available to him. If the Client refuses to take delivery or fails to provide information or instructions that are necessary for the delivery, then the User is entitled to store the goods at the Client's expense and risk. The risk of loss, damage or depreciation is transferred to the Client at the time when items are available to the Client.
7. User is entitled to execute the agreement in different phases and to invoice the executed part separately.
8. If the agreement is executed in phases, the User can suspend the implementation of those parts that belong to a following phase until the Client has approved the results of the preceding phase in writing.
9. The Client will ensure that all data, of which the User indicates that they are necessary or which the Client should reasonably understand to be necessary for the execution of the agreement, is provided to the User in a timely manner. If the data required for the implementation of the agreement are not provided to the User in a timely manner, the User has the right to suspend the performance of the agreement and / or to charge the Client for the additional costs resulting from the delay in accordance with the then usual rates bring. The execution period does not start until after the Client has made the data available to the User. The User is not liable for damage of whatever nature caused by the fact that the User relied on incorrect and / or incomplete information provided by the Client.
10. If during the execution of the agreement it appears that for a proper implementation thereof it is necessary to change or supplement it, then the parties will proceed to adjust the agreement in a timely manner and in mutual consultation. If the nature, scope or content of the agreement, whether or not at the request or instruction of the Client, of the competent authorities, etc., is changed and the agreement is thereby amended in qualitative and / or quantitative terms, this may have consequences for what was originally agreed. As a result, the originally agreed amount can also be increased or decreased. The user will quote as much as possible in advance. In addition, the originally specified term of implementation can be changed by changing the agreement. The Client accepts the possibility of altering the agreement, including the change in price and execution time.
11. If the agreement is amended, including an addition, then the User is entitled to implement it only after approval has been given by the person authorized within the User and the Client has agreed to the price and other conditions specified for the implementation. , including the then to be determined time at which it will be implemented. Failure or immediate implementation of the amended agreement does not constitute a default on the part of the User and does not constitute grounds for the Client to terminate or cancel the agreement.
12. Without failing to do so, the User may refuse a request to amend the agreement if this could have a qualitative and / or quantitative consequence, for example for the work to be performed or the goods to be delivered in that context.
13.If the Client should fail to properly comply with what it is bound to the User, the Client will be liable for any damage caused directly or indirectly to the User as a result of this.
14. If the User agrees a fixed fee or price with the Client, then the User is nevertheless entitled to increase this fee or price at any time without the Client being entitled in that case to terminate the agreement for that reason, if the increase in the price arises from a power or obligation under the laws or regulations or is caused by an increase in the price of raw materials, wages, etc. or on other grounds that were not reasonably foreseeable when entering into the agreement.
15. If the price increase, other than as a result of a change to the agreement, exceeds 10% and takes place within three months after the conclusion of the agreement, then only the Client is entitled to appeal to Title 5, Section 3 of Book 6 of the Dutch Civil Code. entitled to terminate the agreement by means of a written statement, unless the User is then still prepared to execute the agreement on the basis of the originally agreed upon; if the price increase results from a power or an obligation imposed on the User under the law; if it is stipulated that the delivery will take place longer than three months after the conclusion of the agreement;
or, upon delivery of an item, if it is stipulated that the delivery will take place longer than three months after the purchase.
Article 4 Suspension, dissolution and early termination of the agreement
1. User is entitled to suspend compliance with the obligations or to terminate the agreement if the Client does not, not fully or not in time, fulfill the obligations arising from the agreement, circumstances that come to the knowledge of the User give good reason to fear that the Client will not fulfill its obligations if, at the conclusion of the agreement, the Client has been requested to provide security for the fulfillment of its obligations under the agreement and this security is not provided or is insufficient or if due to the delay on the side the Client can no longer be expected to comply with the agreement under the originally agreed conditions.
2. Furthermore, the User is entitled to terminate the agreement if circumstances arise that are of such a nature that fulfillment of the agreement is impossible or if circumstances otherwise arise that are such that unchanged maintenance of the agreement cannot reasonably be expected of the User. be required.
3. If the agreement is dissolved, the User's claims against the Client are immediately due and payable. If the User suspends compliance with the obligations, he retains his rights under the law and the agreement.
4. If the User proceeds to suspension or dissolution, he is in no way obliged to compensate damage and costs arising in any way.
5. If the termination is attributable to the Client, the User is entitled to compensation for the damage, including the costs, arising directly and indirectly as a result.
6. If the Client fails to fulfill his obligations arising from the agreement and this non-compliance justifies termination, then the User is entitled to terminate the agreement immediately and with immediate effect without any obligation on his part to pay any compensation or compensation, while the Client, due to non-performance, compensation or compensation is required.
7. If the agreement is terminated prematurely by the User, the User will arrange for the transfer of work still to be performed to third parties in consultation with the Client. This unless the cancellation is attributable to the Client. If the transfer of the activities entails additional costs for the User, these will be charged to the Client. The Client is obliged to pay these costs within the specified period, unless the User indicates otherwise.
8. In the event of liquidation, (application for) a suspension of payment or bankruptcy, of seizure - if and insofar as the seizure has not been lifted within three months - at the expense of the Client, of debt rescheduling or any other circumstance whereby the Client is not can freely dispose of its assets for a longer period of time, the User is free to terminate the agreement immediately and with immediate effect or to cancel the order or agreement, without any obligation on his part to pay any compensation or compensation. The User's claims against the Client are immediately due and payable in that case.
9. If the Client cancels an order in whole or in part, the work that has been carried out and the items ordered or prepared for it, plus any delivery and delivery costs thereof and the working time reserved for the execution of the agreement, be fully charged to the Client.
Article 5 Force majeure
1. User is not obliged to fulfill any obligation towards the Client if he is prevented from doing so as a result of a circumstance that is not due to fault, and neither under the law, a legal act or generally accepted views on his account. coming.
2. Force majeure in these general terms and conditions is understood to mean, in addition to what is understood in this regard by law and case law, all of external causes, foreseen or unforeseen, over which the User cannot influence, but as a result of which the User is unable to fulfill his obligations. to come. This also includes the circumstance that the User cannot fulfill its obligations as a result of, weather, fire, loss or theft of materials of the User and / or Organizer, road blocks, work interruptions or strikes in the business of the User or of third parties, illness or virus outbreaks and the like. The User also has the right to invoke force majeure if the circumstance that prevents (further) fulfillment of the agreement occurs after the User should have fulfilled his obligation.
3. In the event of force majeure on the part of the User or on the part of the Client, the parties must agree in writing on a new place and / or a new time. If there is force majeure on the part of the Client that lasts longer than two months, where no other place and / or time has been agreed yet, the User is entitled, if desired, to dissolve the agreement, without obligation to compensate damage to the other party.
4. Insofar as the user at the time of force majeure has partly fulfilled his obligations under the agreement or will be able to fulfill them, and the part fulfilled or to be fulfilled will have independent value, the User is entitled to fulfill or to fulfill the part already fulfilled. come to invoice separately. The Client is obliged to pay this invoice as if it were a separate agreement.
Article 6 Payment and collection costs
1. Payment must always be made within 14 days after the invoice date, in a manner to be specified by the User in the currency in which the invoice is made, unless otherwise indicated by the User in writing. User is entitled to invoice periodically.
2. If the Client fails to pay an invoice on time, the Client is legally in default. The Client will then owe an interest of 1% per month, unless the legal interest is higher, in which case the legal interest is due. The interest on the claimable amount will be calculated from the moment that the Client is in default until the moment of payment of the full amount due.
3. The user is entitled to have the payments made by the Client go first of all to reduce the costs, then to reduce the interest still due and finally to reduce the principal sum and the current interest. The User may, without being in default as a result, refuse an offer for payment if the Client designates a different order for the allocation of the payment. The user can refuse full repayment of the principal if the vacant and accrued interest and collection costs are not also paid.
4. The Client is never entitled to set off what it owes to the User. Objections to the amount of an invoice do not suspend the payment obligation. The Client who does not appeal to section 6.5.3 (articles 231 up to and including 247, book 6 of the Dutch Civil Code) is also not entitled to suspend payment of an invoice for any other reason.
5. If the Client is in default in the (timely) fulfillment of its obligations, then all reasonable costs for obtaining satisfaction out of court will be borne by the Client. The default on the part of the Client who is a natural person who does not act in the course of a profession or business (private client) occurs after he has been reminded to pay within fourteen days of the date of a reminder and payment is not made. The reminder also indicates the consequences of the failure to pay. The extrajudicial costs are calculated on the basis of what is customary in Dutch collection practice. However, if the User has incurred higher costs for collection that were reasonably necessary and the Client is not a natural person who does not act in the exercise of a profession or business (business client), the costs actually incurred are eligible for reimbursement. Any legal and execution costs incurred will also be recovered from the Client. The Client also owes interest on the collection costs.
Article 7 Retention of ownership
1. The items supplied by the User under the agreement remain the property of the User.
2. The items supplied by the User may not be resold and may never be used as a means of payment. The Client is not authorized to pledge or encumber in any other way the property that is the property of the User.
3. The Client must always do everything that can reasonably be expected of it in order to safeguard the ownership rights of the User. If third parties seize the goods delivered under ownership or wish to establish or enforce rights thereon, then the Client is obliged to immediately inform the User thereof. Furthermore, the Client undertakes to insure and keep insured the goods supplied under the ownership of the User against fire, explosion and water damage as well as against theft and to provide the User with the policy of this insurance for inspection upon first request. In the event of payment of the insurance, the User is entitled to these tokens. Insofar as necessary, the Client undertakes vis-à-vis the User in advance to lend its cooperation to everything that may prove to be necessary or desirable in that context.
4. In case that the User wishes to exercise his ownership rights referred to in this article, the Client gives the user unconditional and irrevocable permission in advance to the User and third parties to be designated by the User to enter all those places where the properties of the User are and return them to take.
Article 8 Investigation and complaints, limitation period
1. The Client is obliged to investigate the goods supplied or have them examined, immediately as soon as the goods are made available to him or the relevant activities have been performed. In addition, the Client should investigate whether the quality and / or quantity of the delivery corresponds to what has been agreed and meets the requirements that the parties have agreed in this regard. The report must contain a description of the defect that is as detailed as possible, so that the User is able to respond adequately. The Client must give the User the opportunity to investigate a complaint or have it investigated.
5. If the Client complains in time, this does not suspend its payment obligation. In that case, the Client also remains obliged to purchase and pay for the otherwise ordered items and what he has instructed the User for.
6. If a defect is reported later, the Client will no longer be entitled to repair, replacement or compensation.
7. If it is established that a complaint is unfounded, then the costs incurred as a result, including the research costs incurred by the User as a result, will be borne in full by the Client.
9. Contrary to the legal limitation periods, the limitation period of all claims and defenses against the User and the third parties involved by the User in the execution of an agreement is one year.
Article 9 Liability
1. If the User should be liable, then this liability is limited to the provisions of this provision.
2. User is not liable for damage, of whatever nature, caused by the fact that the User relied on incorrect and / or incomplete information provided by or on behalf of the Client.
3. If the User should be liable for any damage, then the liability of the User is limited to a maximum of twice the invoice value of the order, at least to that part of the order to which the liability relates.
4. The liability of the User is in any case always limited to the amount paid out by his insurer where appropriate.
5. User is only liable for direct damage.
6. Direct damage is exclusively understood to mean the reasonable costs for determining the cause and the extent of the damage, insofar as the determination relates to damage within the meaning of these terms and conditions, any reasonable costs incurred to compensate the poor performance of User. to have the agreement answered, insofar as these can be attributed to the User and reasonable costs incurred to prevent or limit damage, insofar as the Client demonstrates that these costs have led to limitation of direct damage as referred to in these general terms and conditions. The costs cannot exceed the amount for which the User is insured. The user is never liable for indirect damage, including consequential damage, lost profit, lost savings and damage due to business interruption.
7. The limitations of liability included in this article do not apply if the damage is due to intent or gross negligence of the User or his managerial subordinates.
Article 10 Indemnity
1. The Client indemnifies the User against any claims from third parties who suffer damage in connection with the execution of the agreement and the cause of which is attributable to parties other than the User. If the User should be held liable by third parties for that reason, the Client is obliged to assist the User both in and out of court and to immediately do everything that may be expected of him in that case. Should the Client fail to take adequate measures, then the User is entitled, without notice of default, to do so himself. All costs and damage on the part of the User and third parties that arise as a result, will be fully for the account and risk of the Client.
Article 11 Intellectual property
1. User reserves the rights and powers that belong to him under the Copyright Act and other intellectual laws and regulations. User has the right to use the knowledge gained by the execution of an agreement for other purposes as well, insofar as no strictly confidential information of the Client is brought to the notice of third parties.
Article 12 Applicable law and disputes
1. All legal relationships to which the User is a party are exclusively governed by Dutch law, even if an obligation is fully or partially performed abroad or if the party involved in the legal relationship is domiciled there. The applicability of the Vienna Sales Convention is excluded.
2. The judge in the place of business of the User has exclusive jurisdiction to hear disputes, unless the law prescribes otherwise. Nevertheless, the User has the right to submit the dispute to the competent court according to the law.
3. Parties will only appeal to the courts after they have made every effort to settle a dispute by mutual agreement.
General conditions - clients
General conditions - visitors
Article 1: Definitions.
In these general terms and conditions the following terms have the following meanings:
1. General conditions: the general conditions Lumen in Art events - visitors, as shown in this file;
2. Event: a party, festival, performance and / or event organized by the Organizer in the broadest sense of the word;
3. Visitor: natural person, legal person or government body, who makes use of visiting the Event.
4. Organizer: Lumen in Art;
5. Lumen in Art; Lumen in Art BV, as filed in the Trade Register of the Chamber of Commerce.
5. Admission ticket: the proof put into circulation by the Organizer or the third party engaged by the Organizer that the Visitor grants the right to access the event organized by the Organizer.
6. Website: www.lumeninart.com, or websites related to an individual event.
Article 2: Applicability.
1. These general terms and conditions apply to all agreements concluded between the Organizer and the Visitors relating to the Event.
2. These general terms and conditions can only be deviated from with a sufficiently express written agreement.
3. These general terms and conditions are also written for the employees of Organizer and its management.
4. In case of annulment and / or destruction of one or more clause (s) in these general terms and conditions, the other clauses remain fully applicable. In the event of annulment and / or destruction of one or more clause (s) in these general terms and conditions, an agreement must be reached between the Organizer and the other party with regard to replacement clauses, which must be in accordance with the clauses already voided and / or voided.
5. The applicability of general terms and conditions of Visitors is expressly rejected.
Article 3: Access to the event.
1. Access to the Organizer event is provided by means of a valid ticket provided by Organizer or a third party engaged by Organizer. In the case of an event where an admission ticket is not required, access is provided to Visitors, provided the Organizer has no well-founded objections.
2. Admission tickets that have been acquired once will not be taken back. There is also no possibility of a refund of purchase and / or reservation costs, nor a possibility of exchanging acquired tickets. This provision can only be deviated from in a written agreement with Organizer. This clause also applies if the Event is postponed and / or canceled for safety reasons.
3. The Visitor must carry the admission ticket throughout the Event, so that the Visitor can show this if requested by the Organizer or a third party engaged by the Organizer. If the admission tickets can only be obtained by name, the clause applies mutatis mutandis to legitimizing documents.
4. Organizer is at all times authorized to refuse access or remove Visitors if these general terms and conditions are violated by Visitors. In that case, there is no obligation for the Organizer to refund the Visitors of the purchase amount of the tickets.
5. In the event of a violation by Visitors of these general terms and conditions, these Visitors will continue to be liable for damage suffered by the Organizer as a result of this violation.
6. During his / her stay on the Site, the Visitor must behave in accordance with the applicable standards regarding public order, good morals and decency. In addition, the Visitor is obliged to follow the instructions and instructions given by the hired staff of the Organizer.
Article 4: Duration of the agreement.
1. The agreement ends by operation of law after visiting / following or participating in the Event.
Article 5: Liability.
1. Visitors enter the Event (enterrein) and attend the Event entirely at their own risk. Only for damage or injury as a result of intent or gross negligence on the part of Organizer can Organizer be held liable for damage that qualifies for compensation through the insurance taken out for this purpose. The liability is in any case (but not limited to) excluded for:
a. damage as a result of actions by third parties, including third parties engaged by the Organizer such as suppliers, tenants / tenants of parts of the Event (enterrein) and the persons engaged by these third parties.
b. damage as a result of the Visitor's failure to comply with instructions given by the Organizer and non-compliance with general standards of public order, safety and decency.
c. damage caused by attending the Event to, for example, hearing and / or vision.
d. damage as a result of loss, damage or theft of goods belonging to the Visitor and brought to the Event.
e. (consequential) damage as a result of unforeseeable changes in the start and closing times of the Event.
f. damage caused in any way by other Visitors to the Event.
g. damage directly or indirectly to whoever or whatever arises as a direct or indirect consequence of any defect or condition or circumstance in, on or on any movable or immovable property of which the Organizer is the holder, (leaseholder) tenant, tenant or owner or that is otherwise available to the Organizer.
h. consequential damage and indirect (business) damage on the part of the Visitor.
2. The Organization is never liable for damage suffered by the Visitor that has arisen as a result of force majeure on the part of the Organization. This also includes the circumstance that Organizer cannot meet its obligations as a result of, weather, fire, loss or theft of materials of Organizer, roadblocks, work interruptions or strikes, illness or virus outbreaks and the like.
3. The exclusions and limitations of liability included in this article also apply to employees of the Organization and / or third parties engaged by the Organization.
Article 6: (Personal) data.
1. Processing of (personal) data takes place in accordance with the privacy legislation that applies at the time of the Event. However, the Visitor himself is responsible for the completeness and accuracy of the (personal) data provided by him / her.
Registration 1. The Organizer is entitled to have (parts of) the Event and the Visitors recorded on image carriers and to (have) multiply this image material and to have it made public by all means at its disposal as well as to grant third parties permission to make such disclosure and / or multiplication.
2. By entering the Event (enterrein), the Visitor declares eternal, irrevocable and unconditional agreement to the publication or reproduction of his portrait and body (s) by the Organizer or a third party designated by the Organizer, whereby the Visitor explicitly waives its right to oppose such disclosure, regardless of the medium or context in which or the comments with which it is made. Neither the Organizer nor any third party to whom the Organizer has given permission for such a publication and / or multiplication owes any compensation to the Visitor in this regard.
Article 8: Intellectual property and copyrights.
1. The Visitor is not entitled to reproduce (parts of) the program booklet, posters, flyers, and other (promotional) material produced by the Organization or to infringe in any other way on intellectual property rights belonging to the Organization, including but not limited to trademark rights, copyrights and trade name rights.
Article 9: Special provisions.
1. During the Event in question, the Visitor is not permitted to advertise / distribute (including flyers) his / her own company or other companies that do not participate in the relevant event / meeting.
Article 10: Judge.
1. All disputes arising from these general terms and conditions or related agreements will be submitted exclusively to a competent court.
2. Parties will only appeal to the courts after they have made every effort to settle a dispute by mutual agreement.
Article 13: Applicable law.
1. This agreement, and all matters arising from this agreement, are governed by Dutch law. These general conditions Lumen in Art Event - Visitors apply from 9 March 2020.